Michael Jemar McLean has been charged with second degree murder and use of a firearm in the shooting of Tyler Lynn-Gainous.
MIKE
I thought I knew him: he lived two apartments up from mine. He was one of the nicer neighbors to me. He was usually amiable and mild-mannered. Even when he appeared to be agitated, he would quietly keep it to himself. Therefore, I'm somewhat surprised that he would shoot someone in cold blood as charged.
On the other hand, I never knew of Mike having a steady job. He would talk of getting one, and doing things to improve himself (like his older brother did), but I never knew of him doing such.
I had a beer with him on Thursday evening, less than 24 hours before the murder. (Mike knew I normally keep beer in my refrigerator as a social inducement for neighbors.) He laughed at how fast I drank mine.
Another point: where did the gun come from? The standard Aden Park lease prohibits tenants from keeping firearms in their units. Simply having a gun at home would be grounds for eviction.
THE CHARGES (OR, WHAT YOU CAN LEARN VIA GOOGLE)
Second degree murder carries a penalty of anywhere between 5-40 years. It's the default charge in a case where the Commonwealth's Attorney doesn't have enough evidence to prove first degree or capital murder beyond a reasonable doubt.
Use of a firearm is a distinct charge in Virginia. Using a firearm in the commission of a felony carries an automatic 3 year penalty for first offense, 5 years for second offense.
For Tyler's family and friends reading in New Jersey, Virginia has jury sentencing. The jury not only determines guilt or innocence, but passes sentence if they convict. Our juries tend to be tougher than judges.
OUR CHILDREN
Usually there are small children outside playing on Jasper Court from after school until 7:30-8 in the evening.
They still haven't returned to their normal play patterns. We're not over this tragedy until parents believe it's safe to send their children outside.
25 comments:
I AM TYLER"S FRIEND IN NEWARK,NJ... I CANT BELIEIVE THIS ANIMAL CAN WALK AWAY WITH 5 YEARS!!! HE KILLED TYLER IN BROAD DAY LIGHT!!!IF THAT ISNT WORTH FIRST DEGREE MURDER I DONT KNO WHAT IS.. HE SHOULD FRY!!!!!
Once again, as in my initial post many thanks to you for your prayers and continued interest! I must confess that upon discovering this blog, I revisit and revisit this site with relentless obession...as a person extremely close to this event your blog offers me some insight as to what to place...I find a strange comfort. As I reflect on my family's tragedy, I try to imagine Tyler's last moments...you see he was keenly aware of his surroundings and clearly must not have thought that the 'argument' would have lead to his death! We argue and move on...How could this 32 year old retaliate in this manner? And whileTyler was 21 and legally considered a man, he was still for me a child who's life was snuffed out in an instant...was it really that deep? I will not resort to name-calling, nor insults to the accused, but it is my belief that this premeditated...how else can one justify having a dispute on Monday only to resolve Friday with a calculated and cold blooded act!!!
Anon 6:48,
First, there are three possible charges in Virginia: second degree murder, first degree murder, and capital murder.
Second, Mike faces a minimum 8 years: minimum 5 for murder, plus a mandatory 3 for the firearm.
Three, Virginia doesn't have parole per se, so he'd have to serve virtually the entire sentence. (What limited parole Virginia has, I believe, doesn't come up until you've served 97.5% of the sentence.)
Four, I'd be shocked if Mike got the minimum. Look at the circumstances of the crime: brazen in broad daylight, endangering children in the neighborhood, etc.
Anon 7:47,
It's been a pleasant surprise that Tyler's family and friends in New Jersey have found my blog. It motivates me to write, knowing I'm getting information to you that you might not otherwise have.
THANK YOU ON BEHALF THE FAMILY.I, AS WELL AS MY EXTENED RELATIVES ARE FOREVER GREATFUL FOR THIS ACT OF KINDNESS. BE WELL AND STAY BLESSED!!!!!!
i am a relative of tylers and u know i think wht has been hard for me to digestis how do you let an argument from mondaybecome a murder on friday. which suggest that the accused sat and planned this out.. Bottomline is this was a cold and malicous attack on a young man who's full potentialwill never b reached because of this..i can't see what could have been said so personal i shot him the head and killed him... i mean thisto know how small of a penalty he may recieve, while we have lost a relative he goes on an all expense pd vacation to jail, no rent no bills and at the expense of the tax payer. while his parents have to live the rest of their lives with memories of his murder, funeral,all whole this guys life is spared by jail...
WOW thanks for giving our family this.
For the family and friends reading, Virginia's sentencing guidelines are at www.vcsc.virginia.gov
I was having trouble reading them, but my guesstimate is that the Guidelines sentence would be 26 years. You can look yourselves.
Thank you!
I am Tyler's cousin in NY. Can't believe that I have to meet my cousin this way. So tragic! God Bless all family and friends.
Thanks for this blog. RIP cousin.
Raleigh, NC Fam
Tyler went to his final resting place today...RIP
I MISS MY LIL COUSIN/BROTHER SO MUCH I CANT BELIVE THAT I WILL NEVER SEE HIS FACE OR HEAR HIS LAUGH AGAIN....I GUESS MR.MIKE MCLEAN FEEL LIKE A BIG MAN....TYLER DIDNT DESERVE WHAT YOU DID TO HIM...YOU MAY THINK U ARE BEING PUNISHED BY SITTING JAIL FOR THAT TIME..PLZ TYLER FAMILY AND FRIENDS ARE BEING PUNISHED..YOU WILL STILL BE ABLE TO BREATH,SLEEP AND ETC..BUT NOT TYLER...LOVE ALWAYS HIS BIG SISTER INDIA
My heart is so heavy with pain....when I got that phone call that my little cousin/brother was gone a part of me died too....I cry everyday.....what is wrong with people, get mad and get over it....but to MIKE, I can't put in words how I feel about you....but for now I HATE YOU.....you will have to answer to God!
-Latiffa
this maan can get fuccked n hi ass everyday for the rest of his useless ass life. My dude was unlike no other. real on the inside n out. this dude that killed him had no life n u wrote n ur own word he had no life. Tyler on the other hand was full wit life. he died with a job. degree. and family and friends that love him deeply. when he shot him it was out of hate. hate that he could never be that person. i will pay a visit to va beach. my dude last standing ground. Gps will get me there. He was waiting on me. His lady. N trust im still gone make it out there real soon. lost thats what i am
hello again i am one tylers relatives and personally chk this blog every dsy as a sort of rrftrshong breath of fresh air. it kind of offers us who loved tyler peace in a chaotic situation.. the angel has been kind enough to open this blog for assistance and comfort letd keep it peaceful and profanity free...u know in the end the accused will answer to a higher poeer &hope god has mercy on his soul...in anyevent the judge and jury will decide.take any anger put it in a letter send it to the accuse tell him what he took from us...
Neesh, I don't know you but I'd like you to know that I feel your grief. We are all suffering this loss deeply, but as a family member I'd like to remind you that we can express our sentiments without resorting to the use of foul references and or language. Please be respectful to our family and Tyler's parents and most importantly...his memory!
Thanks,
Peyton
i understand wat ur sayn. but this has pissed me off to the max. i spoke to him everyday. i knew him very well n im bothered. this man deserve no respect but tyler and his family do. Im not let'n it go, im not let'n him go. This not a nice blog. y do i care they had beer the day b4. y should anybody
hi neesh i do not think the blog was designed for the people in tylers life to react in any type of negative way..first o tho.k u misread the angels comment in your grief ...the part about him having a beer wad to say u never know people and I'm thinking from the blog he never thought the accused would have comitted a murder... moving forward i want u to look at the situation lIME this we got 2weeks until the law will punish this man physically but his will order that mama last destiny... again as family o think any comments u have u should take and write accused.. as far as the angel he is offering id the gift of knowledge in s strangeland so tyler can RIP... so his death will not be in vain please look at the bigger picture..thank u angel again on behalf of tylers family....Neesh he will hey what coming to him god has a plan...
Boyz N the Hood's 20th year Anniversary, too bad we did not then and have yet to heed the wake up call.
They say a heap see, but few know. In this instance a heap see and a heap know. So as the background details to this story unfold, it will be interesting to see who has the courage and moral strength to do what is RIGHT.
How do we change the mindset of a certain segment of our community, those that are inflicted with an abundance of so much self-hatred that they seek to annihilate, their brethren,eat our young, destroying community?
It so "takes a villiage" and we must do better!
Mike McLean had a plan, days to rethink the madness, yet and still he executed in more ways than one. Let justice be served with the quickness and maxium penalty.
What is more detrimental to the AA community? Racism or negative self-esteem? Hmmmm.... smthg to think abt
These past few months have been really, really tough for our entire clan, our family runs wide and deep, from the tiniest tot to our most senior adult this a nightmare we can never escape or wake up from. Words can not express the sadness we feel and yes there's no life w/o death but why like this.
I was Tyler's qirlfriend I was with him 5 hours befor he qot killed we had plans to qo out to the movies that day he left my house to qo cash his check I was and still is hurt when I qot the news that he was killed by his own friend it still hurts my heart still till,this day I love Tyler wit all my heart abd my heart qoes out to his family
I was Tyler's qirlfriend I was with him 5 hours befor he qot killed we had plans to qo out to the movies that day he left my house to qo cash his check I was and still is hurt when I qot the news that he was killed by his own friend it still hurts my heart still till,this day I love Tyler wit all my heart abd my heart qoes out to his family
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